Provides for enhanced rates for child care services provided to disabled and/or developmentally delayed children

S T A T E   O F   N E W   Y O R K
        ________________________________________________________________________

                                          10586

                                  I N  A S S E M B L Y

                                     March 13, 2026
                                       ___________

        Introduced by M. of A. HEVESI -- read once and referred to the Committee
          on Children and Families

        AN  ACT  to  amend  the  social  services  law, in relation to providing
          enhanced rates for child care services  provided  to  disabled  and/or
          developmentally delayed children

          THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
        BLY, DO ENACT AS FOLLOWS:

     1    Section 1. Subdivision 4 of section 410-x of the social services  law,
     2  as  added by section 52 of part B of chapter 436 of the laws of 1997, is
     3  amended to read as follows:
     4    4. The amount to be paid or allowed for child care  assistance  funded
     5  under  the block grant shall be the actual cost of care but no more than
     6  the applicable market-related payment rate established by the department
     7  in regulations. The payment rates established by the department shall be
     8  sufficient to ensure equal access for eligible  children  to  comparable
     9  child care assistance in the substate area that are provided to children
    10  whose  parents  are not eligible to receive assistance under any federal
    11  or state programs. Such payment rates shall take into account the  vari-
    12  ations in the costs of providing child care in different settings and to
    13  children of different age groups[, and the additional costs of providing
    14  child  care for children with special needs].  ADDITIONALLY AND NOTWITH-
    15  STANDING ANY OTHER PROVISION OF LAW, THE COMMISSIONER SHALL ESTABLISH  A
    16  RATE  DIFFERENTIAL  FOR CHILD CARE PROVIDERS WHO PROVIDE CARE TO A CHILD
    17  WITH A DIAGNOSED DEVELOPMENTAL DELAY OR DISABILITY, AS  DEFINED  BY  THE
    18  COMMISSIONER.  SUCH  DIFFERENTIAL  SHALL  BE NO LESS THAN THIRTY PERCENT
    19  ABOVE THE APPLICABLE MARKET RATE OTHERWISE PAYABLE FOR SUCH  CHILD  CARE
    20  SERVICES.  THE  COMMISSIONER SHALL ENSURE THAT SUCH RATE DIFFERENTIAL IS
    21  SUFFICIENT TO ACCOUNT FOR THE ADDITIONAL  STAFFING,  TRAINING,  ACCOMMO-
    22  DATIONS, AND SUPPORTS NECESSARY TO PROVIDE SAFE, INCLUSIVE, AND DEVELOP-
    23  MENTALLY  APPROPRIATE  CARE  TO  CHILDREN  WITH DEVELOPMENTAL DELAYS AND
    24  DISABILITIES.
    25    § 2. The office of children and family services, in consultation  with
    26  the office for people with developmental disabilities and the department
    27  of  health,  shall  promulgate  any  rules  and regulations necessary to

         EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15023-01-6
        A. 10586                            2

     1  implement the provisions of this  act,  including  but  not  limited  to
     2  documentation  requirements and eligibility criteria, provided that such
     3  requirements shall not impose undue administrative burden on families or
     4  providers.
     5    §  3. This act shall take effect on the first of April next succeeding
     6  the date on which it shall have become a law. Effective immediately, the
     7  addition, amendment and/or repeal of any rule  or  regulation  necessary
     8  for  the implementation of this act on its effective date are authorized
     9  to be made and completed on or before such effective date.